Court No. - 70
Case :- APPLICATION U/S 482 No. - 34320 of 2019 Applicant :- Tejvir And 8 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri V.N.Misra, learned Advocate has filed his Vakalatnama alongwith counter affidavit on behalf of the opposite party no.2, is taken on record.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1, Sri V.N.Mishra, learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 14.09.2009 arising out of Case Crime No.900 of 2009 and proceedings of case no.2944 of 2009 (State vs.Tejveer & others), under Sections 498A, 323, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Sihani Gate, District - Ghaziabad.
It is submitted by the learned counsel for the applicants that the applicant no.1 Tejvir is husband of opposite party no.2 Smt.Pooja. Marriage of applicant no.1 was solemnized on 25.04.2008 with the opposite party no.2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, the opposite party no.2 lodged the impugned FIR dated 10.06.2009 at Police Station Sihani Gate, District Ghaziabad making allegation of her harassment and torture by the accused persons in her matrimonial house. The Investigating Officer after investigation submitted charge-sheet on 14.09.2009, on which the Magistrate concerned took cognizance on 15.12.2009.
It is next submitted that during pendency of the investigation, the applicants preferred Criminal Misc.Writ Petition No.11688 of 2009 before this Court, in which matter was referred to Mediation before the concerned court below by order dated 25.06.2009. Thereafter parties concerned settled their dispute and a compromise deed was also executed between them on 10.08.2009, which has been appended as Annexure No.4 to the application. It is further submitted that on account of aforesaid compromise, opposite party no.2 is living with applicant no.1 in her matrimonial home and leading their life peacefully.
Learned counsel appearing on behalf of opposite part no.2 does not dispute the aforesaid facts. Learned counsel for the opposite party no.2 submitted that till date applicants did not appear before the concerned court below as they were under impression that after compromise between the parties concerned proceeding has come to an end.
From perusal of ordersheet of the concerned court below Annexure C.A.-1, I find that non-bailable warrants have been issued against the applicants on account of their non-appearance before the concerned court below. Since this petition has been preferred after 10 years of alleged compromise, therefore, it is necessary to get the alleged compromise verified.
It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned court below.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.
On the request made by learned counsel for the applicants three weeks time is allowed to the applicants to file compromise application before the concerned court below.
Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicants before it within aforesaid period, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 30.9.2019 SKD